Patna High Court
Pinki DeviversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The petitioners are entitled to bail as there is no specific allegation of assault against them and they have a clean criminal antecedent.
Summary
The petitioners, four residents of Madachak village, sought bail fearing arrest in a land‑dispute case (Gopalpur PS Case No. 341 of 2025) where they were named in an FIR for offences under several sections of the Bihar Negotiable Instruments Act. The prosecution alleged that the petitioners assaulted the informant’s brother and family during a dispute over land measurement. The petitioners contended they have a clean criminal record, were falsely implicated, and that the FIR does not specifically allege any assault by them. The court noted the existence of a pending title suit and a case‑and‑counter‑case, and found no concrete allegation of an overt act against the petitioners. Relying on their clean antecedent and the lack of specific incriminating material, the court exercised its power under Section 438(2) of the CrPC to grant bail, subject to standard conditions and verification of antecedents. The bail order required a bond of Rs 10,000 with two sureties and imposed conditions for cooperation, non‑tampering with evidence, and attendance in court.
Issues considered
- Whether the petitioners are entitled to bail under Section 438(2) of the Code of Criminal Procedure given the allegations in the FIR.
- Whether the absence of specific allegations of assault against the petitioners warrants the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- Section 438 CrPC
- land dispute
- false implication
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26068 of 2026
Arising Out of PS. Case No.-341 Year-2025 Thana- GOPALPUR District- Gopalganj
======================================================
1. Kailash Ram S/o Bhulan Ram Resident of Village - Madachak, P.S. -
Gopalpur, District - Gopalganj.
2. Sujeet Kumar Ram S/o Shiv Prasad Ram Resident of Village - Madachak,
P.S. - Gopalpur, District - Gopalganj.
3. Ajeet Ram S/o Kokil Ram Resident of Village - Madachak, P.S. - Gopalpur,
District - Gopalganj.
4. Bittu Kumar S/o Bitandi Ram Resident of Village - Madachak, P.S. -
Gopalpur, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 26493 of 2026
Arising Out of PS. Case No.-341 Year-2025 Thana- GOPALPUR District- Gopalganj
======================================================
1. Pinki Devi W/o Ajeet Ram All are Resident of Village - Madachak, P.S. -
Gopalpur, District - Gopalganj.
2. Rinku Devi W/o Bitandi Ram All are Resident of Village - Madachak, P.S. -
Gopalpur, District - Gopalganj.
3. Shiv Kumari Devi W/o Prasad Ram All are Resident of Village - Madachak,
P.S. - Gopalpur, District - Gopalganj.
... ... Petitioner/s
Versus
The State Of Bihar Advocate General Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 26068 of 2026)
For the Petitioner/s : Mr. Pankaj Kumar Dubey, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
(In CRIMINAL MISCELLANEOUS No. 26493 of 2026)
For the Petitioner/s : Mr. Pankaj Kumar Dubey, Advocate
For the Opposite Party/s : Mrs. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-04-2026 Heard Mr. Pankaj Kumar Dubey, learned counsel for
Patna High Court CR. MISC. No.26068 of 2026(2) dt.17-04-2026
2/4
the petitioners and Mr. Anish Chandra and Mrs. Sharda Kumari,
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Gopalpur P.S. Case No. 341 of 2025, F.I.R.
dated 24.12.2025 for the offences punishable under Sections
126(2), 115(2), 117(2), 118(1), 109, 351(2), 352 read with
Section 3(5) of the B.N.S.
3. According to prosecution case, it is alleged that
when the informant and his brother went to discuss about the
land measurement with the petitioners side, the accused persons
assaulted the brother of the informant and his family members.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. It appears from the FIR itself
that due to land dispute the present occurrence has taken place.
Although the petitioners are named in the FIR but from bare
perusal of the FIR it appears that there is no specific allegation
of assault or overt act against against the petitioners. Apart from
that there is case and counter-case and one Title Suit No. 319 of
2024 is pending between the parties.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
Patna High Court CR. MISC. No.26068 of 2026(2) dt.17-04-2026
3/4
6. Considering the aforesaid facts and circumstances,
the petitioners have clean antecedent, there is case and counter
case between the parties and there is no specific allegation of
assault or overt act against against the petitioners, let the
petitioners, above named, in the event of arrest or surrender
before the court below within a period of thirty days from the
date of receipt of the order, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned C.J.M.
1st Class, Gopalganj in connection with Gopalpur P.S. Case No.
341 of 2025, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure and with
other following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
Patna High Court CR. MISC. No.26068 of 2026(2) dt.17-04-2026
4/4
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
atul/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.